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Prelims-IAS –POLITY MCQ Ans-5

 1. Which of the following powers is/are enjoyed by Prime Minister in relation to the Parliament?
1. He can dissolve the Lok Sabha at anytime.
2. The President summons and prorogues sessions of the Parliament on his advice.

Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

  • The Prime Minister is the leader of the Lower House.

In this capacity, he enjoys the following powers:
o He advises the President with regard to summoning and proroguing of the sessions of the Parliament. Hence, statement 2 is correct.

o He can recommend dissolution of the Lok Sabha to President at any time. But only President can dissolve the Lok Sabha. Hence, statement 1 is not correct. 

o He announces government policies on the floor of the House.

Ans-b


2. With reference to Administrative Tribunals, consider the following statements:
1. They were conferred constitutional status by 42nd Amendment Act of 1976.
2. Parliament has established a Central Administrative Tribunal to adjudicate matters related to employment under the Central Government.
3. State legislatures are empowered to establish State Administrative Tribunals to adjudicate matters related to employment under the State Government.Which of the statement given above is/are correct?
(a) 1 and 2 only .    (b) 2 and 3 only .         (c) 1 and 3 only                   (d) 1, 2 and 3

 

  • The original Constitution did not contain provisions with respect to tribunals.
  • The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution conferring the constitutional status on tribunals. Hence statement 1 is correct.
  • This part is entitled as ‘Tribunals’ and consists of only two Articles—Article 323 A dealing with administrative tribunals and Article 323 B dealing with tribunals for other matters. In pursuance of Article 323 A. The Parliament has passed the Administrative Tribunals Act in 1985. The act authorises the Central government to establish one Central administrative tribunal and the state administrative tribunals. Hence statement 2 is correct.
  • Article 323-A provides for the establishment of administrative tribunals by a parliament law for the adjudication or trial of disputes and complaints relating to the recruitment and conditions of service of government servants under the central government and the state government. Hence, statement 3 is not correct.

3. Which of the following will necessarily occur on the resignation or death of an incumbent Prime Minister?
(a)  Lok Sabha will be dissolved automatically.
(b)  The Lok Sabha will elect the new Prime Minister.
(c)  Council of Ministers will be dissolved automatically.
(d)  The senior most leader of his party will be appointed as Prime Minister automatically.
  • Option 1 is not correct: If the incumbent Prime Minister’s party continues to enjoy majority in the LokSabha, the Lok Sabha will not be dissolved,.
  • Option 2 is not correct: Lok Sabha has no such power to elect a new Prime Minister.
  • Option 3 is correct: The Prime Minister stands at the head of the council of ministers, the other ministers cannot function when the Prime Minister resigns or dies. In other words, the resignation or death of an incumbent Prime Minister automatically dissolves the council of ministers
  • Option 4 is not correct: On demise of the incumbent Prime Minister, if the ruling party elects a new leader (not necessarily senior most leader), the President will appoint him as the new Prime Minister or else the President will use his discretion.

4. Local government in India is
(a) a subject under the union list.
(b) a subject under the concurrent list.
(c) a subject under the state list.
(d) within the residuary power of the union.
  • Local government is a ‘State subject‘.
  • States are free to make their own laws on this subject.
  • But once the Constitution was amended through the 73rd and 74th Constitution Amendment Act, the States had to change their laws about local bodies in order to bring these in conformity with the amended Constitution.
  • They were given one year’s time for making necessary changes in their respective State laws in the light of these amendments.
  • Ans- C

5. The Model Code of Conduct comes immediately into effect:

(a)  once the Election Commission announces the schedule of elections.

(b)  once the notification calling electorate to elect members of a house is issued.
(c)  always at the first date of the month in which elections are to be conducted.
(d)  once the candidates start filing their nominations in the constituencies.
  • The Commission normally announces the schedule of elections in a major press conference a few weeks before the formal process is set in motion.
  • The Model Code of Conduct for guidance of candidates and political parties comes immediately into effect after such announcement.
  • The formal process for the elections starts with the Notification or Notifications calling upon the electorate to elect Members of a House.
  • As soon as Notifications are issued, candidates can start filing their nominations in the constituencies from where they wish to contest. Hence, option (a) is correct.

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